Apr. 3, 2013

Justin Smith, Larimer County sheriff

Written by

Robert Allen

Rep. Randy Fischer

Three months remain before Larimer County Sheriff Justin Smith, one of Colorado’s most vocal opponents to the state’s new gun laws, is expected to enforce them.

But it’s “premature” to say how implementation and enforcement of the new laws will unfold, Smith said.

Two laws in particular, one banning magazines with a capacity of more than 15 bullets and another mandating background checks for all transfers, are so difficult to interpret that the governor’s office is asking the Colorado Attorney General’s advice, he said.

“That really demonstrates that not only the people that pass them, but the government itself doesn’t know what they mean,” Smith said.

Attorney General spokeswoman Carolyn Tyler said Tuesday that the office is reviewing the legislation and will advise Gov. John Hickenlooper on it.

Smith, a Republican, and other Colorado sheriffs are considering a court challenge to the legislation. Smith said the magazine law could be interpreted to ban “every single detachable magazine for a firearm,” which could violate a U.S. Supreme Court precedent.

He compares the state laws enacted after a spate of horrific shootings to federal laws passed after the Sept.11 attacks.

“There was a rush to create the Department of Homeland Security and the Patriot Act. ... Now people are saying we went too far,” Smith said. “We’ve created a tremendous bureaucracy and the question is: Did it make us any safer? Let’s don’t repeat our mistakes. Let’s look as the emotions are starting to calm and reason sets back in.”

House Bill 1224 reads that any “large-capacity magazine” capable of accepting more than 15 rounds of ammunition will be illegal after July 1.

Tim Brough, owner of Rocky Mountain Shooters Supply, said more than 80 percent of his stock could be easily modified to exceed 15 rounds in 2 minutes or less.

“It’s virtually unenforceable, because every magazine on the market is like that,” Brough said.

State Rep. Randy Fischer, D-Fort Collins, a co-sponsor of the bills, said there is no intent to confiscate law-abiding citizens’ guns. He said the magazine legislation “certainly presents a challenge in enforcement” but it will be Smith’s and other sheriffs’ responsibility to investigate when necessary.

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“It would be a violation of law if somebody were to modify (a magazine),” Fischer said. “Any time a gun is used in commission of a crime, or if there’s somebody threatening somebody with a gun, (law enforcement has) a responsibility to enforce the gun laws.”

As for the law requiring background checks on all sales, including person-to-person, Smith said there could be invasive regulatory consequences.

“The question is: Did they intend to write an unenforceable law, or does this simply predicate the next step: registration,” Smith said.

Fischer stands by the legislation.

“It’s up to them to be responsible citizens to go through the process of doing the background checks,” he said, adding that there may be exceptions, “just like not everybody obeys the speed limit when there’s not an officer around.”

Smith said he plans to join other Colorado sheriffs Wednesday in Denver during a visit from President Barack Obama to counter additional gun control measures.

Meanwhile, he said, the “buying frenzy” on guns, magazines and ammunition is “hindering” his ability to provide firearms training to deputies.

“We used to be able to allow (deputies) to use 200 to 300 rounds in a day of training,” he said. “Now in a day of training they use only 50 or 60 rounds.”

Brough said he’s had steady sales for several months, and he’s selling as many large magazines as he can order in the next few months. He’s not sure what to expect as far as enforcement.

Weld County Sheriff John Cooke has said he won’t enforce the new laws.

“If sheriffs aren’t going to enforce the laws, it may be like marijuana,” Brough said. “We’re just going to sell them anyway.”